McAllister v. Georgia (2006) allows law enforcement to take a blood sample from someone arrested for DUI who has refused to take a chemical breath test under Georgia's law of implied consent. The officer must obtain a search warrant and, like any procedure related to a DUI arrest, the blood test must be properly conducted.
How can a police officer force me to take a blood test?
In order for a blood sample to be taken, a police officer must ask a judge to issue a search warrant. For this to happen, the arresting officer must provide sufficient evidence of intoxication. If a judge grants the warrant, an officer can legally obtain a blood sample, and you are legally obligated to submit to the test.
Isn't this a violation of my rights?
Unfortunately, no. Implied consent is something that only applies to chemical BAC tests after you have been arrested. If you have been arrested for a DUI, officers already believe they have probable cause with the evidence they have collected against you. If the judge agrees, there is a good chance they will grant the search warrant.
Can I fight a forced blood test?
After the blood sample has been collected, the legal procedure is the same as any DUI. With an experienced attorney, you can fight the DUI in court. If any steps in obtaining or processing the blood sample were conducted improperly, the prosecuting attorney would not be able to use the results against you in court as valid evidence.
As one of Atlanta's Top 100 DUI Attorneys, Don Turner can protect your rights and navigate the complex legal system.